Jurisdiction of the Iraqi supreme federal court of interpreting legal texts “analytical study in the light of the decision of the Iraqi supreme federal court number 48/federal/2021“

Abstract

Summary

The idea of ​​this research is to identify the extent of the jurisdiction of the Federal Supreme Court in Iraq  interpreting the legal texts originally, by defining the following axes: the basis of jurisdiction, whether it is originated from a legislative basis or from the decision of the court itself, the nature of jurisdiction, whether it is a precluded jurisdiction limited to the court or joint Between them and others, represented by the State Council, the scope of jurisdiction is objectively and procedurally. As for the objective scope, it examines the legislative texts that are subject to the interpretative jurisdiction of the court, whether they are the texts of ordinary law, or whether it includes other texts such as regulations, instructions and organic laws. As for the procedural scope, it deals with the procedures that this court’s jurisdiction requires, such as submitting the request, the organs that have the right of submitting a such request, and the necessity of eliminating the means of appeal, similar to the jurisdiction of the State Consultative Council stipulated in the State Council Law No. 65 of 1979 as amended.